Black running group sues Newton, BAA over police blockade during last Marathon
![White people can create balloon tunnels; Black people get blocked by cops on bikes](https://www.universalhub.com/files/styles/main_image/public/images/2024/whiteblack.jpg?itok=GNtZyeXX)
From the complaint: White people can create balloon tunnels; Black people get blocked by bike cops.
A group of Black women who tried to cheer on Black Marathon runners yesterday sued Newton and the BAA to demand they not be physically separated from runners like they say they were during last year's Boston Marathon.
In the lawsuit, filed in US District Court in Boston, members of TrailblazHers Run Co. are also seeking damages large enough to make the police and race organizers think twice about even thinking of doing that again.
The group alleges that 100 mostly Black people gathered at Mile 21 to cheer on Black runners - found themselves harassed and bottled up by Newton cops with bikes, allegedly for getting onto the race course in the same exact way other specatators have long done without police bullying, like the screaming students of Wellesley College.
On Marathon Day in 2023, acting in concert with the BAA, the Newton Police Department singled out spectators from TrailblazHers Run Co. and other running crews that serve primarily people of color, racially profiling, targeting, and harassing them. This culminated in NPD officers forming a human barricade to physically separate the running crews of color from the event. Similarly-situated white spectators received no such treatment. While white spectators viewed and enjoyed the event in peace, the people of color were racially profiled and discriminated against.
The complaint gives the group's side of what happened specifically:
Plaintiffs arrived at Mile 21 at approximately 5:30 A.M. on April 17, 2023, to set up tents, including one for the DJ, prepared cheering materials such as pompoms and confetti cannons, and arranged grills for food. As more members joined, the atmosphere became vibrant with support for their fellow runners.
Around 12:30 P.M., a spectator of color joyfully celebrated by launching a confetti cannon as a known runner passed the Mile 21 cheer zone. In response, an NPD officer, Paul Boyle, immediately approached. The officer fisted the front of the spectator's shirt, demanded identification, and threatened an arrest for allegedly running in the course. The spectator remained calm and explained to the officer that he was not obstructing any runners. The incident heightened tensions among many members of Plaintiffs' running crew who observed the police misconduct. Plaintiffs and other members were also confused by the NPD police reaction, as it is not uncommon for marathon spectators to briefly enter onto the course in moments of excitement.
Approximately fifteen minutes later, Plaintiffs noticed NPD officers continuing to yell and instruct spectators in TrailblazHers' Mile 21 cheer zone to move back, even though no one was obstructing runners. Plaintiffs did not observe Officer Boyle, or any other NPD officer, instructing white spectators in nearby cheer areas to move back.
NPD's presence and conduct was creating apprehension, fear, and tension. NPD officers continued to harass and hassle this specific Black cheer area. Many of TrailblazHers' members became upset and cried out of frustration as they observed only their section get penalized for celebrating and demonstrating excitement. Many asked themselves, "why us?" NPD's actions made Plaintiffs and their members feel unsafe and unwelcomed, both in the neighborhood and at the marathon. ...
Witnessing running crew members becoming upset and tearful at the officers' actions made Plaintiff Powder, Rock, and Ramirez anxious, fearing a potential escalation. As Black women who have experienced past negative encounters with law enforcement, they were acutely aware of the risks of escalation when people of color are surrounded by police.
As the law enforcement response unfolded, NPD officers stated that they were responding to a complaint from the BAA. To address this matter, Plaintiffs' guest contacted Suzanna Walmsley, BAA's Director of Community Engagement and a leader on the Running Collaborative Steering Committee, and expressed concerns about NPD officers surrounding the running crews. Walmsley was asked to call them off.
After a few minutes, NPD officers left the scene briefly. However, Plaintiffs' peace was again disrupted moments later when an even larger group of approximately twenty NPD officers on bikes reappeared and formed a human barricade along the course, physically separating the Plaintiffs and their members from runners, obstructing their view, and preventing them from seeing passing runners in order to cheer them on. Additional NPD officers on motorcycles stationed themselves on the street behind the Plaintiffs' cheer zone, effectively surrounding and penning in the people in the cheer zone of color.
Plaintiffs were taken aback by the substantial police presence and show of force. They feared for the safety of their members who were spectating, and also for the safety of those running. Many BIPOC runners were shocked to see police officers concentrated at the only section of the marathon route with many spectators of color.
Despite efforts by several TrailblazHers' leaders to deescalate the situation with the officers, the officers remained unresponsive and unwilling to engage.
On information and belief, BAA did not direct a similar police response, and NPD did not engage in a similar police response, to other similarly-situated groups of non-Black spectators. The NPD officers' actions inflicted significant emotional distress and lasting damage to the dignity of Plaintiffs. Plaintiffs Powder, Rock, and Ramirez struggled to sleep the nights following the incident, affecting their daily life and performance at work. The incident dominated Plaintiffs' mental health for months, highlighting its profound impact.
The complaint lists several examples of behavior by White spectators that did not result in them being surrounded by uniformed officers:
For example, just before reaching Mile 21, around Mile 15, a Wellesley family hosted a block party for runners, featuring a 10-foot blue and yellow balloon arch placed within the course for runners to pass through. In contrast to Plaintiffs' cheer section, this area, comprising mostly of white spectators, lacked police presence or instructions to stay off the course. No one threatened or intimidated the white spectators to remove the obstructing balloon arch.
In another instance, as seen in a viral Tik Tok video, a white male spectator offered a doughnut to runners, and then ran alongside the man who finally accepted it. Yet no BAA officials or police officers intervened.
The suit formally charges Newton, Newton Police and the BAA with violating the Black spectators' rights to equal protection and public accommodation and conspiring to violate their civil rights.
Complete complaint (5.1M PDF).
Ad:
Comments
Nice work, I am psyched to
Nice work, I am psyched to hear from Bank of America.
[posted in wrong place]
[oops]
Rules are rules
If the rules are that fans need to stay off the course and not interfere with runners, I continue to fail to see what NPD did wrong.
Just because the Wellesley police department won't enforce anything doesn't men NPD should be prohibited from running enforcement for their section ... crying "But they can do it over there!" is a very poor, kid-to-mom level defense. I think most runners and many fans would like to see fewer fans running on to the course and interfering with runners overall, in all sections. Keep your enthusiasm to the sidelines - it's literally the rules: no fans on the course for any reason and no throwing anything at all. Was this group doing that profligately? Sounds like case closed. The only thing this pre-emptive lawsuit does is call attention again to their wrongheaded self-centered crybaby behavior again. News Flash, the marathon is about the runners not the fans.
Edit: It also should not be lost that this lawsuit is being brought by a selective subset of the much larger group that was sequestered by NPD on the Marathon last year. There was a mix multiple groups, with people of numerous races and genders -- it's true that the groups saw themselves POC/Minority aligned, but it was diverse and certainly not some monolithic "group of black women" who were solely making up the in-question rowdy fans on that day.
The BAA apologized, I wonder
The BAA apologized, I wonder what their problem is.
Rules are rules, sure…
… but when rules are selectively enforced only on a particular group of people based on race, that’s racist.
Unless
One group was just acting significantly worse than other regardless of race of anyone.
Comment from Adam's reporting last year shows a screen shot of this group taking the entire course and massive amounts of confetti from their cannon, along with actual runners complaining about their behavior:
https://www.universalhub.com/comment/929855#comment-929855
Always at least two sides to the same story. Either way, people should stay off the course and not shoot confetti on it, especially out of a cannon given 2013. Remove the small stationary balloon arch, too, if you must. All this on heart break hill, too. There are much better parts on the course to have a party.
Yeah we covered this last year
But this is an attention grab, especially given both the timing and frivolity. Look, I'm sore that I didn't get into Boston this year. I'm not filing a lawsuit about it. I'm not going to jump into the course and run with friends to encourage them. In Newton you can run along the carriage road and yell encouragement, do that. You're not on the course. It's fine.
My comments from last year hold but also there's a difference between a static balloon arch at mile 15 on a flat section and a confetti cannon at mile 21 on the steepest hill of the race. Static impediments are mostly fine. The BAA itself runs a crossing operation in Brookline which takes up half the road. It's visible and predictable. So is a balloon arch. Although setting one up on Heartbreak would probably have a BAA official coming to ask to have it be taken off the course given the location. But people jumping onto the course, a confetti cannon, etc is less okay. And again, it is most likely that the participants there were asked more than once to quit it, and didn't, and eventually someone got fed up and slightly overreacted.
Not worth a lawsuit.
Me, last year: "I assume there will be metal fencing along Heartbreak next year and that might not actually be a terrible idea."
It sounds like they are doing that.
Anyway, cheering on Heartbreak (or pretty much anywhere)? Reach out and give a high-five. Ring a cowbell. Scream until you're hoarse. Pick a runner in Newton and run along the carriage road and cheer for them until you get dropped.
But don't jump on the course, please.
Any evidence to your claim
I'd love to see the videos of others acting in a similar fashion. Blocking the race, shooting confetti at people actively participating in a race.
This entire story got out of hand because of white liberals jumped on the bandwagon, acting like this group was almost murdered by the police without ever asking any questions.
The BAA and various police departments made a huge mistake apologizing before unedited video was released.
And the BG and other media outlet (Adam) jumped to conclusions before anyone actually asked any questions.
Why anyone is giving this group more attention is preposterous.
not just Wellesley
The complaint describes Newton police getting between Black spectators and the runners, and the same Newton police not getting between white spectators who ran onto the course. Also, you don't keep people off the racecourse by setting up a line of motorcycle cops behind them so they can't leave the area.
According to the complaint, the NPD specifically did not treat white spectators similarly.
The group is also suing the BAA, for treating white and Black spectators differently. That's where the comparison to Wellesley comes in: it alleges that the BAA was fine with white spectators on the course, and objected to Black spectators behaving in the same way. Given the facts as alleged, at least one of the Newton police department and the Boston Athletic Association was treating Black and white spectators differently.
except
the complaint does not actually say anything about NPD not-enforcing the rules for white spectators.
the complaint doesn't actually do that.
The complaint makes that general claim, but doesn't actually follow up with examples of white (or any other) spectators doing the same behavior in front of the same police.
We saw from the group's own livestreamed videos that they were at times blocking the course with a solid group of people as far out as the double yellow line in in the middle of the street.
The complaint does not show any pictures of similar behavior happening near this group and being ignored by the BAA. (Note that it was the BAA who asked the police to intervene) It also doesn't cite anyone else using confetti cannons.
They do cite an example of a white woman and child running onto the course briefly to hug a runner as they passed by. To call that "similar behavior" to dozens of people forming a solid wall across half the road is a stretch.
not just Wellesley
The complaint says Newton police got between Black spectators and the runners, and the same Newton police didn't keep white spectators off the course. Also, if the goal is to keep people off the racecourse, you don't se up a line of motorcycle cops behind them so they can't leave the area but are trapped between two lines of police.
According to the complaint, the NPD, specifically, did not treat white and Black spectators similarly.
The group is also suing the BAA, for treating white and Black spectators differently. That's where the comparison to Wellesley comes in: it alleges that the BAA was fine with white spectators on the course, and objected to Black spectators behaving in the same way. Given the facts as alleged, at least one of the Newton police department and the Boston Athletic Association was treating Black and white spectators differently.
But they weren't enforcing
But they weren't enforcing the rules on everyone - just the POC. That's the issue.
I've been the asshole crossing the route and I was not bothered by any poo-poo around me.
Yeah, sure
Rules are rules is a famous way to create and justify discriminatory behavior by those in power.
How?
Because those rules seem to get selectively enforced by biased humans, and that enforcement seems to vary in severity according to who is "breaking" those "rules". That's how.
Your moral lecture itself is a classic example of how "legalism" is used to justify structural inequities and double standards.
Note that the sexist BAA official who physically attacked women runners in the marathon in the 1960s had your same "rulessss are ruleesssss" excuse for both the race's sexist restrictions and his assaults.
ETA: the Newton cops have been known to do lazy racist stuff like this to black residents.
Considering you were in the thread last year
One would think you would realize not all things are equal, and that the reports of this group, including their own live stream, aren't equatable to what they are claiming. But, hey, don't let that get in the way for a good outrage moment against the BAA.
History Matters
The BAA has a checkered history - heck, they haven't even paid out a prize from 10 years ago because they gave it to someone disqualified for doping. That's on top of the historic assaults on women runners by Jock Strapple.
The Newton Police - and the Wellesley Police for that matter - also have a lot of history to examine.
When you have a shitty track record, it matters. But I suppose the BAA and NPD are "going to turn their lives around" any day ...
Evidence in the complaint?
Does putting photo evidence of the claims in the complaint seem second-rate or is this something I've missed in other complaints before?
Also, why did they file this 4 days before the marathon this year? If they wanted action taken as claimed in their complaint, this should have been filed in, like, May last year so it had plenty of time to percolate through the system and the result known in time for this year's marathon.
Instead, this just seems like shit-stirring intended to heighten any interactions that might occur this year as a means of either cowing or encouraging whatever response they're going to get when they attempt to run onto the course again. Either Newton is going to worry about "helping their case" and let them run rough-shod over the race course or they're going to make sure they have every duck in a row when they keep them off of it and lead to a bigger dust-up (with the intent to fuel further evidence for their complaint).
That sorta undermines their complaint...if they suffered as a result of last year's behaviors that they're just now getting around to suing over...then why are they so willing to flip a coin over getting potentially even worse treatment this time.
Things take time and
Things take time and coordination. The issue itself was brought up immediately. Are you a lawyer?
Either
It's a brushback to law enforcement to let them all run onto the course this year
or
it's an expression of intent that will justify additional law enforcement attention this year.
This is dumb
I hope they lose to the BAA. 21 miles into my marathon I wanted everyone the hell out of my way, I didn't care what color they were.
I'm also more than fine with barriers being put up along the entire course, to keep everyone off of the entire course.
That's great that you didn't
That's great that you didn't care what color they were put obvi the NPD (shocker...not!) did.
Okay, but...
...you can understand why it's not okay for cops to selectively enforce the rules in this case, right? This is one of the most pervasive ways in which racism continues to manifest in Boston and Mass. in general. Some people experience the full burnt of the law and others keep getting passes.
This group's leadership
This group's leadership stated the quiet part out loud in a Globe story two days before last year's marathon. Media have to include this when they report on this topic. The goal is to destroy the Boston marathon. They created the conflict at mile 21 as part of this effort because they see the Boston marathon as white supremacism.
https://www.boston.com/sports/boston-marathon/2023/04/17/26-true-maratho...
"Even if 26.True could keep growing, for Lash, the real sign of a more inclusive Boston running community isn’t necessarily just a bigger 26.True. 'My dream is for the Boston Marathon to change the course,” she said. “I don’t want to do this event. When I tell you the amount of hundreds of hours that I’ve invested out of the volunteer goodness of my heart, like I have a full-time job and I do this on the side. It is a lot of work, and it’s a passion project. So we lead and we do it because we care a lot. But my real dream is for the BAA to see what we’re creating, to be convinced by the exclusivity of their event, and for them to change the course so that we don’t have to do 26.True.'"
Good one
" it’s not inclusive to people who have low levels of fitness. "
Interesting idea
If the desire is to have a marathon similar to what happens in New York - running through all five boroughs in various terrains instead of beginning in a suburb and running through upper class and upper middle class towns west of the city - then 26.True's alternative Boston marathon has a lot of merit.
"Authentic marathon"?
An authentic marathon is 26.2 miles, regardless of route. Not sure why you think NYC is more authentic. The point-to-point format of Boston is probably more in the marathon tradition.
[redacted]
I've decided to delete the response I had to this comment because I don't want to get into semantics about locations, preferences, authenticity or even who is allowed to run.
I will say that 26.True has a great idea - it may not be ideal to some, but it's something to think about and consider, even if it's never implemented.
Yet, that still has nothing to do with "authentic"
It's just a marathon you prefer.
I don't, but that's just me.
See response above
I've decided to redact everything.
"Authentic" was the wrong choice of words, and I'll own up to that.
I agree, it's an excellent idea
It would be a logistical challenge, but a cool thing to do
Lame
I live right near the course and witnessed this incident. This group was asked multiple times by police to get off the course and they kept coming back. As someone who has run the marathon a couple of times, the last thing you want at mile 21 where you are running on fumes is to have a group of people get in your way and slow you down. Also, if you Google image search “Boston Marathon +Wellesley College”, you will see in the photos that all of the spectators there are behind the barricades. So it’s really a false claim.
Interesting choice
Using an ableist slur as a subject line for a post claiming that racism didn't happen.
Yeah Anne
You said a word that Swirly doesn't like, so your actual witnessing the events in question is now deemed irrelevant.
So true
Most on this page know SG's virtue signaling schtick and don't put two cents into anything she spews. Cue the "sounds like you have a mental health issue" response in 5,4,3,2,1...
WWJD?
And Jesus answered and said unto them, Go and tell John the things which ye hear and see: the [ableist slur redacted] receive their sight, and the [ableist slur redacted] walk, the [ableist slur redacted] are cleansed, and the [ableist slur redacted] hear, and the [livingist slur redacted] are raised up, and the [classist slur redacted] have good tiding.
What Jesus wouldn't do
Write anything in English.
Kind of hilarious that you think that it is some sort of flex to quote a translation into English with antiquated sensitivities, I bet you could find bibles from various eras with less than flattering English terminology for supporting the systematic oppression of specific ethnic groups.
Witnesses have said it was really bad - beyond the ordinary
I've seen posts a few places from people who were there and have attended many Marathons, who have said the behavior was egregious and that they were asked to stop many times before the police took action. Of all the places to pull this kind of b.s., Heartbreak Hill is just about the worst. If I were a runner and my friends acted like this, I'd be angry as anything because it would interfere with my running - hell of a way to supposedly try to encourage a friend.
The one thing I'd say
The only thing that can be said in defense of their actions last year is that they weren't running the marathon and don't understand the effects of their actions on the runners on the course.
Can't quite defend the lawsuit, except that if discovery is made public, it could be entertaining. Confetti cannon= balloon tunnel?
And...?
Did they trash the course with confetti? Get in the way of the marathoners?
Did they find a fence this year at their favorite spot?
Odd that they pumped up the news coverage 3-4 days ago with their lawsuit...and then nothing from race day yesterday.